The Simple Guide to Understanding Section 230

A federal law known as Section 230 has been a controversial topic in Congress for years. This law protects websites like Facebook, Twitter, and Google from being responsible for what users post. As misinformation about the COVID-19 vaccine and the 2020 Presidential Election emerges, the law is now heavily questioned. 

With major internet companies testifying in front of Congress, lawmakers are hoping to reform this 25-year-old law.

So, what is Section 230, and why is it causing such a legislative stir?

What is Section 230?

Section 230 is a part of the Communications Decency Act that passed in 1996 to combat online pornography. Although Congress overruled most of the law in violation of free speech, Section 230 continues to stand.

Essentially, Section 230 says owners of an “internet computer service” cannot be sued if a user posts something illegal on its platform (with exceptions regarding copyright, federal criminal law violations, and sex-work-related content). This section emerged after several high-profile cases of companies tried suing websites allowing users to publish company criticisms. 

Though the law states internet companies aren’t responsible for posts, many still regulate their platform content.

What Changes to Section 230 is Congress Proposing?

Primarily, lawmakers believe internet companies need to remove more harmful content – including hate speech, harassment, and terrorism. With the rise of fake news in the past few years, many blame these social media platforms for providing a place to congregate and spread these falsehoods.

In some cases, social media companies remove or block content that opposes their beliefs. Lawmakers believe websites with this bias moderating deserve legal consequences. (Some conservatives claim they post censored social media content despite the companies that deny these claims)

What Are the Chances Section 230 Will Be Reformed?

As internet companies continue to gain power, the chances of law reform are not a matter of “if” but “when” and “how.”

Where does the government draw the line between what is acceptable and what is not? How long will it take for internet companies to monitor and regulate their millions of users? Who decides which content is unsafe enough for companies like Facebook or Twitter to take legal responsibility? These are some of the many questions Congress must answer before we see progress.

If you have any questions about Section 230 or your socials in general, contact our experts of Social Stamina. We would love to hear what you think – feel free to share our blogs if you enjoyed the read!